1. In a
communication dated March 7, 1978, the Commission received public
testimony on the arrest, imprisonment and torture of Mr. Alberto Samuel
Falicoff by security forces. This took place at its home, in the
presence of his wife, who was also detained and subsequently released.
Mr. Falicoff signed the testimony in reference.
2. In a note dated
April 5, 1978, the Commission transmitted to the Government of Argentina
the pertinent parts of this denunciation, and asked it to provide the
corresponding information. The public testimony in reference was
3. In a note of
May 5, 1978, the Government of Argentina replied to the Commission, but
failed to refer to the events denounced, and reported in the following
Persons on whom there is no record of arrest, and whose present
situation and whereabouts are unknown:
FALICOFF, Alberto Samuel (Case 2662).
CORNALEA DE FALICOFF, Estela Marķa (Case 2662).
4. In a note of
May 4, 1979, the Commission transmitted to the Government of Argentina
additional information submitted by the complainant, and repeated its
request for additional information. The Government has not yet
5. The Commission
transmitted to the complainant the pertinent parts of the information
provided by the Government of Argentina, and asked her to make
observations on the response.
6. In a letter
dated September 7, 1978, the complainant repeated the initial
denunciation, but it was based on points that were from Mrs. Falicoff's
public testimony, once she had been released and was living in London.
7. In a note of
April 5, 1977, the Commission requested the Government of Argentina to
provide additional information on the events, and to add any points that
would enable the Commission to assess whether or not domestic legal
remedies had been exhausted; the Government's silence on this matter
might lead to the conclusion that there are no more domestic remedies to
8. On March 5,
1979, the Commission sent a cable to the Government of Argentina,
reiterating its urgent request made in its note of May 4, 1978, and
asking for a reply prior to March 10, 1979. The Government of Argentina
did not provide the Commission with the information requested.
1. In light of the
background information given above, it is deduced that Mr. Alberto
Samuel Falicoff and his wife Estela Maria Cornalea de Falicoff were
arrested and tortured by agents of the Government of Argentina, who are
still holding Mr. Falicoff;
2. The Government
of Argentina has failed to mention the events specifically denounced,
and particularly the note of May 4, 1978, transmitted by the Commission;
3. Article 51.1 of
the Regulations of the Commission provides as follows:
occurrence of the events on which information has been requested will be
presumed to be confirmed if the Government referred to has not supplied
such information within 180 days of the request, provided always, that
the invalidity of the events denounced is not shown by other elements of
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume the material facts of the
denunciation to be confirmed, as regards the arrest and torture of
Alberto Samuel Falicoff and of his wife Estela MarIa Cornalea de
2. To declare that
the Government of Argentina violated the right to life, liberty and
personal security (Article I); the right to a fair trial (Article XVIII)
and the right of protection against arbitrary arrest (Article XXV) of
the American Declaration of the Rights and Duties of Man.
3. To recommend to
the Government of Argentina: a) that it order a complete, impartial
investigation to determine responsibility for the events denounced; b)
immediately to release Mr. Alberto Samuel Falicoff, or if appropriate,
and if justified, to submit him to due process of the law, and guarantee
him that the conditions of his imprisonment do not violate his right to
humane treatment, upheld in Article XXV quoted above; c) to sanction
those responsible for the events denounced, under Argentina law; d) to
inform the Commission within a maximum of 60 days as to the measures
taken to put into practice the recommendations contained in the present
4. To communicate
this Resolution to the Government of Argentina and to the claimant.
5. To include this
Resolution in the Annual Report to the General Assembly of the
Organization of American States pursuant to Article 9 (bis), paragraph
c. iii of the Statute of the Commission, without prejudice to the
Commission's being able to reconsider the case at its next session, in
the light of such measures as the Government may have taken.
at the 607th Meeting of March 5, 1979 (46th session) and transmitted to
the Government of Argentina on March 23, 1979).